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The Legal Aid (Asylum and Immigration Appeals) (Northern Ireland) Regulations 2007

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2.—(1) In these Regulations—

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

“the 2003 Order” means the Access to Justice (Northern Ireland) Order 2003(1);

“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(2);

“business day” means any day other than a Saturday or Sunday, a bank holiday, Christmas Day, 27th to 31st December or Good Friday;

the Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the 2003 Order;

counsel” means a barrister in independent practice;

“fast track proceedings” means any immigration review proceedings in relation to which, pursuant to an order under section 26(8) of the 2004 Act, the time period for making an application under section 103A(1) of the 2002 Act(3) is a period of less than 5 days;

“immigration review proceedings” means—

(i)

applications to the High Court under section 103A of the 2002 Act (including applications which are considered by a member of the Tribunal pursuant to paragraph 30 of Schedule 2 to the 2004 Act), and

(ii)

proceedings for the reconsideration of an appeal by the Tribunal pursuant to an order under section 103A of the 2002 Act;

“legal aid” means legal aid given under Article 9 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(4);

“section 103A application” means an application under section 103A of the 2002 Act;

“section 103D order” means an order under section 103D(1) or section 103D(3) of the 2002 Act;

“solicitor” has the meaning assigned to it in Article 27 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981;

“the Tribunal” means the Asylum and Immigration Tribunal established under section 81 of the 2002 Act, as substituted by section 26(1) of the 2004 Act.

(2) References to a section by number alone refer to the section so numbered in the 2002 Act.

(3)

2002 c. 41; section 103A was inserted by section 26 of the 2004 Act

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